Pavic & Pavic

Case

[2018] FCCA 3386

13 November 2018


Details
AGLC Case Decision Date
Pavic & Pavic [2018] FCCA 3386 [2018] FCCA 3386 13 November 2018

CaseChat Overview and Summary

In the matter of *Pavic & Pavic*, heard by Judge Harman, the dispute concerned the registration of an arbitration award made on 22 August 2018. The wife had objected to the registration of this award.

The court was required to determine whether the arbitration award should be registered as a decree of the Federal Circuit Court of Australia, notwithstanding the wife's objections. Further, the court needed to consider the appropriate disposition of costs related to the objection and review of the award, as well as the costs of the arbitration itself.

Judge Harman ordered that the arbitration award be registered as if it were a decree of the Federal Circuit Court. All outstanding applications and responses were withdrawn and dismissed. The wife was ordered to pay the husband's costs of and incidental to the objection to registration and/or review of the award, fixed at $5,000, to be paid within 42 days. The court further declared that the costs of the arbitration itself were to be determined by the arbitrator, as they formed a portion of the dispute or a necessary ancillary issue arising from the referral of the entirety of the Part VIII proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Jurisdiction

  • Remedies

  • Statutory Construction

Actions
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Cases Citing This Decision

8

Entezam & Devi [2021] FamCA 25
Entezam & Devi [2021] FamCA 25
LOOMIS & PATTISON [2020] FCCA 345
Cases Cited

10

Statutory Material Cited

5

Braddon & Braddon [2018] FCCA 1845